Previous Issues

The Washington State Department of Licensing issued a December 2005 sunrise report recommending the licensing of soil scientists. The report says in part:

Considerable evidence compiled in this report, through out-of-court settlements and ongoing litigation, show harm to property, health, safety and welfare of the public. Public health is endangered by improper soil analysis that has led to contaminated wells and groundwater; septic system failures; and compromised wetlands. Harm to the public exists when design work is approved without a comprehensive soil analysis conducted by a soil expert to support the decision taken.

The Fraser Institute, an independent public policy organization in Canada, has released a report, "The Regulation of Public Auditing in Canada and the United States: Self-Regulation or Government Regulation?" The report compares the two approaches to the regulation of public auditors: Canada's self-regulatory model and US government regulation, and offers some suggestions for improving Canada's model, including more oversight authority for the Canadian Public Accountability Board.

Medical malpractice reform bills are being introduced in several states. Various bills aim to do one or more of the following:- limit punitive (non-economic) damages- impose stricter criteria on expert witnesses- reduce damages awarded if compensation is coming from other sources- allow more oversight over malpractice insurers, allow oversight bodies to reject rate increases- make practitioners' apologies for medical mistakes inadmissable in court- require mandatory mediation before a lawsuit could proceed.

Also of interest: Texas insurance company lowers malpractice ratesAfter tort reforms passed in 2003, Medical Protective, a medical professional liability insurer, has reduced rates twice and plans another reduction in July - an average decrease of 13% for malpractice premiums.

After the Iowa Board of Chiropractic Examiners accused him of portraying himself as a medical doctor, chiropractor Harry Hargett agreed to put his license on inactive status. He is accused of placing the initials "M.D." after his signature on documents. Hargett plans to move to Arizona where he also has a license.

The National Board of Chiropractic Examiners is now offering a computer-based version of its Ethics & Boundaries Examination. The E&B exam is an exam for licensed or previously licensed chiropractors. Some state require the exam before granting practice privileges.

The Federal Tort Claims Act and a 1950 Supreme Court ruling prohibit active-duty military personnel from suing the US government for injuries "incident to service." Known as the Feres Doctrine, the prohibition's intent was that the stability of the military discipline system not be undermined. The courts have interpreted the prohibition to apply to any injury related to military service, even if sustained while off the job or not caused by military personnel. Opponents feel that the prohibition deprives military personnel of a basic right afforded other US citizens.

The DC Health Department has begun placing all medical board orders issued against physicians in the last 10 years on their department website. Within six months, the Department also plans to include online information on disciplinary actions taken by other boards, felony convictions, and payments for malpractice claims.

The Georgia Supreme Court ruled against a portion of a recent law that would have allowed medical malpractice defendants to change venues to where the alleged offense occurred. They held that the state's constitution grants that power only to the courts. The law also placed a cap on pain-and-suffering awards in malpractice cases.

A bill is expected to be signed in Wisconsin to regulate certified professional midwives, who generally attend home births. Currently, only certified nurse midwives, who usually work in a hospital setting, are regulated by the state. There is debate regarding regulation of certified professional midwives because of differences in training requirements and questions about medical malpractice insurance. Malpractice insurance is not addressed in the current bill.